The National Assembly for Wales in exercise of the powers conferred on it by sections 132, 145 and 210(7) of the Education Act 2002(1), and having consulted the General Teaching Council for Wales in accordance with section 132(4), hereby makes the following Regulations:

Name, commencement and application

1. These Regulations are called the Education (School Teachers' Qualifications) (Wales) Regulations 2004 and come into force for the purposes of this regulation and regulations 2, 3 and 8 on the day after the day on which these Regulations are made and for all other purposes on 1st September 2004.

“accredited institution” (“sefydliad achrededig”) means an institution accredited by the Higher Education Funding Council for Wales under regulation 7;

“city college” (“coleg dinasol”) means a city technology college or a city college for the technology of the arts;

“competent person” (“person cymwys”) means in a case where the recommending body is an accredited institution, that institution, and in any other case it means the person approved by the National Assembly;

“the Council” (“y Cyngor”) means the General Teaching Council for Wales;

“employment” (“cyflogaeth”) means employment under a contract of employment or the engagement of a person to provide services otherwise than under a contract of employment and references to being employed are to be construed accordingly;

“foreign institution” (“sefydliad estron”) means any institution other than a United Kingdom institution;

“further education institution” (“sefydliad addysg bellach”) means an institution which provides further education and is maintained by a local education authority, or is within the further education sector;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“school” (“ysgol”) means a school maintained by a local education authority or a special school not so maintained;

“specified standards” (“safonau penodedig”) means the standards applying as at the time of assessment specified by the National Assembly as the standards required of persons who seek to become qualified teachers;

“teaching” (“addysgu”) means carrying out work of a kind which is specified by regulations made under section 133 of the Education Act 2002(7) and “to teach” is to be construed accordingly; and

“United Kingdom institution” (“sefydliad yn y Deyrnas Unedig”) means an institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is outside the United Kingdom, and includes the Council for National Academic Awards.

(2) A reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector.

(3) Any reference in these Regulations to —

(a)a numbered Schedule, is a reference to the Schedule bearing that number in these Regulations;

(b)a numbered regulation, is a reference to the regulation bearing that number in these Regulations;

(c)a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears; and

(d)a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.

Revocations and transitional provisions

4.—(1) The regulations mentioned in Part 1 of Schedule 1 are revoked to the extent specified in that Schedule.

(2) The transitional provisions mentioned in Part 2 of Schedule 1 are to have effect.

Qualified teacher status

5. Subject to regulations 11, 12, 13 and 14 of the 1999 Regulations, persons are qualified teachers if —

(a)they are persons mentioned in paragraphs 2, 3 or 4 of Part 1 of Schedule 2, or

(b)they are persons mentioned in paragraphs 5 to 14 of Part 1 of Schedule 2 and have received written notification from the National Assembly or the Council in accordance with regulation 6.

Notification of qualified teacher status

6.—(1) Persons mentioned in paragraphs 5 to 14 of Schedule 2 must be notified in writing by the National Assembly or the Council that they are qualified teachers.

(2) Subject to paragraphs (3) to (5), persons who receive written notification under paragraph (1) are qualified from such date as the National Assembly or the Council may provide in the notification.

(3) In the case of persons mentioned in paragraphs 9, 10, 12 or 13 of Schedule 2, the National Assembly or the Council must not provide for such persons to be qualified teachers from a date prior to the date on which the assessment referred to in those paragraphs is completed.

(4) In the case of persons mentioned in paragraph 11 of Schedule 2, the National Assembly or the Council must not provide for such persons to be qualified teachers from a date prior to the date on which they completed the period of service as teachers licensed by the States of Guernsey Education Council as specified in the statement of the States of Guernsey Education Council.

(5) In the case of persons mentioned in paragraph 6, 7 or 8 of Schedule 2, the National Assembly or the Council must provide for such persons to be qualified teachers from the date of qualification as school teachers in Scotland or Northern Ireland.

Accredited Institutions

7.—(1) The Higher Education Funding Council for Wales may accredit an institution as a provider of courses or programmes of initial school teacher training.

(2) The Higher Education Funding Council for Wales may only accredit an institution which satisfies such criteria as may from time to time be specified by the National Assembly.

(3) The Higher Education Funding Council for Wales may withdraw the accreditation of an institution in accordance with such criteria as may from time to time be specified by the National Assembly.

(4) Before specifying any criteria under paragraphs (2) and (3) the National Assembly must consult the Higher Education Funding Council for Wales.

Employment-based teacher training scheme

8.—(1) The National Assembly may establish a scheme whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers.

(2) A scheme established under paragraph (1) is to be known as an employment-based teacher training scheme.

(3) Such a scheme may make provision for the programme of training persons must undertake.

(4) Such a scheme may make provision for persons who have successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country to be assessed by a competent person to determine whether they meet the specified standards without undertaking further training.

(5) Any person or body exercising a function by virtue of this regulation must have regard to any guidance given from time to time by the National Assembly as to the exercise of that function.

Amendment of the 1999 Regulations

9. In regulations 11, 12 and 13(1) of the 1999 Regulations, substitute for the words “a qualified teacher in accordance with Schedule 3” the words “a qualified teacher in accordance with regulation 5 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(8)

PART 2General Transitional Provisions

Accreditation of institutions providing initial teacher training

(a)paragraph 3 of Schedule 3 to the 1993 Regulations in force immediately before 1st September 1999; or

(b)paragraph 2 of Schedule 3 to the 1999 Regulations in force immediately before 1st September 2004,

is to have effect as if given for the purposes of regulation 7.

Teachers qualifying under the 1999 Regulations who studied at institutions accredited under the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999

2. Despite the revocation of Schedule 3 to the 1999 Regulations, paragraphs 1 and 2A of that Schedule are to continue to have effect in relation to any persons who come within paragraph 2A of that Schedule until such time as such persons are notified that they are qualified teacher under paragraph 1 of that Schedule or until they cease to study on the course.

Regulations 5 and 6

SCHEDULE 2Qualified Teacher Status Requirements

PART 1

1. In this Schedule —

“EEA Agreement” (“Cytundeb AEE”) means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(9) as adjusted by the Protocol signed at Brussels on 17th March 1993(10);

“graduate teachers” (“athrawon graddedig”) means persons who have been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1st September 2004;

“registered teachers” (“athrawon cofrestredig”) means persons who have been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2004;

“Switzerland Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21st June 1999(11) and which came into force on 1st June 2002.

2. Persons who are qualified teachers by virtue of paragraph 1 of Schedule 3 to the 1999 Regulations.

3. Persons who are qualified teachers by virtue of Regulations made in relation to England and from time to time in force under section 132 of the Education Act 2002(12).

4. Persons who as respects the profession of school teacher fall within Article 3 of Council Directive 89/48 EEC(13) on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, as extended by the EEA Agreement and as amended by the Switzerland Agreement.

5. Persons who —

(a)hold a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;

(b)have successfully completed a course of initial teacher training at an accredited institution in Wales; and

(c)are assessed by the accredited institution as meeting the specified standards.

6. Persons who have successfully completed a course of initial school teacher training at an educational institution in Scotland or Northern Ireland.

7. Persons who are registered as teachers of primary or secondary education with the General Teaching Council for Scotland.

8. Persons who have been awarded confirmation of recognition as teachers in schools in Northern Ireland by the Department of Education, Northern Ireland Office, that confirmation not having been subsequently withdrawn.

9.—(1) Persons who have been granted an authorisation to teach under Part II or III of Schedule 2 to the 1999 Regulations before 1st September 2004, and the recommending body has submitted to the National Assembly or the Council —

(a)a recommendation that they should be notified that they are qualified teachers; and

(b)a statement as described in sub-paragraph (2).

(2) The statement states that the persons in question —

(a)hold a first degree or equivalent qualification granted by a United Kingdom institution, or a qualification of an equivalent standard granted by an educational institution elsewhere;

(b)satisfy one of the following requirements —

(i)they have successfully completed service as graduate teachers or registered teachers for the period of the authorisation and have successfully completed any training proposed in the recommendation for an authorisation, or

(ii)they have completed not less than 3 months service as graduate teachers or not less than one year’s service as registered teachers and have made such progress during their period of service as graduate teachers or registered teachers that in the view of the recommending body they did not need, in the light of that progress, to complete that service for the period of the authorisation before being assessed under paragraph (c); and

(c)have been assessed by a competent person as meeting the specified standards.

(3) In this paragraph, “recommending body” means the body that is the organiser of the training given to persons named in the recommendation

10.—(1) Persons —

(a)who have successfully completed a period of training on an employment-based teacher training scheme or otherwise satisfied the requirements of the scheme;

(b)who are assessed by a competent person as meeting the specified standards; and

(c)in respect of whom a recommendation has been submitted by or on behalf of the recommending body to the National Assembly or the Council that they should be notified that they are qualified teachers.

(2) In this paragraph “recommending body” means the body that is the organiser of any training given to persons named in the recommendation or the school or other institution where such persons have been employed, or another body acting on behalf of that school or institution.

11.—(1) Persons in respect of whom the States of Guernsey Education Council has submitted to the National Assembly or the Council a recommendation that they should be awarded qualified teacher status and a statement that they satisfy the requirements specified in sub-paragraphs (2), (3) or (4).

(2) They have successfully completed two school years' full-time service or the equivalent period of part-time service as teachers licensed by the States of Guernsey Education Council and the training specified in the licence.

(3) They —

(a)have successfully completed not less than one school year’s service as teachers licensed by the States of Guernsey Education Council and the training specified in the licence;

(b)had attained the age of 24 years before the date of commencement of the licence; and

(c)before the date of commencement of the licence, had been employed for not less than two years as teachers or lecturers at an independent school (including a city college or Academy) or an institution or a university in the United Kingdom or as Instructors or Education officers in the Armed Forces of the Crown or as instructors under paragraph 3 of Schedule 2 to the 1993 Regulations or paragraph 3 of Schedule 2 to the 1999 Regulations or paragraph 3 of Schedule 2 to the Education (Specified Work and Registration) (Wales) Regulations 2004 and were not dismissed on grounds other than redundancy.

(4) They —

(a)have successfully completed not less than one school term’s service as licensed teachers and the training proposed in the recommendation for a licence;

(b)had, before the date of commencement of the licence, successfully completed either —

(i)a course of at least three years' duration of initial school teacher training at an educational institution outside England and Wales, or

(ii)a first degree course and a post-graduate course of initial school teacher training at such an institution (whether or not the same institution); and

(c)had been employed for not less than one year as teachers or lecturers in a school, independent school (including city college or Academy), institution or university or other educational establishment either in England or Wales or elsewhere and were not dismissed on grounds other than redundancy.

12.—(1) Persons in respect of whom the recommending authority has submitted to the National Assembly or the Council a recommendation that they should be notified that they are qualified teachers and a statement that —

(a)on the date of the recommendation they are employed as teachers in an independent school; and

(b)they have been assessed by the recommending authority as meeting the specified standards; and

(c)before —

(i)1st January 1974 they obtained qualifications meeting the requirements of paragraph 15, 16, 17, 18, 19, 20 or 21 of Part 2 of this Schedule, or

(ii)1st January 1974 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution, or

(iii)1st September 1989 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology; and

(d)they were employed as teachers in an independent school or a further education institution before 1st September 1989.

(2) In this paragraph “recommending authority” means —

(a)in the case of teachers who are not head teachers or principals, the head teachers or principals of the independent schools at which they are employed to teach; and

(b)in the case of head teachers or principals, the chair of the governing body of the schools, or if none the proprietor of the schools.

13.—(1) Persons in respect of whom the recommending authority has submitted to the National Assembly or the Council a recommendation that they should be notified that they are qualified teachers and a statement that —

(a)on the date of the recommendation they are —

(i)employed as teachers in a further education institution, or

(ii)instructors in a school by virtue of paragraph 3 of Schedule 2 to the Education (Specified Work and Registration) (Wales) Regulations 2004;

(b)they have been assessed by the recommending authority as meeting the specified standards;

(c)before —

(i)1st January 1974 they obtained qualifications meeting the requirements of paragraph 15, 16, 17, 18, 19, 20 or 21 of Part 2 of this Schedule, or

(ii)1st January 1974 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution, or

(iii)1st September 1989 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology;

(d)they were employed as teachers in further education institutions or independent schools before 1st September 1989;

(e)they hold a Certificate in Education or a Post-graduate Certificate in Education; and

(f)in the opinion of the recommending authority, they have sufficient teaching experience to be able to teach pupils aged from 14 years to 19 years.

(2) In this paragraph “recommending authority” means —

(a)in the case of teachers who are not head teachers or principals, the head teachers or principals of the further education institutions at which they are employed to teach; and

(b)in the case of head teachers or principals, the chair of the governing body.

14. Persons who satisfied the requirements for receiving written notification that they were qualified teachers under the 1982 Regulations, the 1989 Regulations, the 1993 Regulations or the 1999 Regulations, and the only reason why they are not qualified teachers is that they did not receive such notification.

PART 2

Art

15.—(1) The requirements of this paragraph are that persons —

(a)obtained before 1st January 1965 the qualification of —

(i)London University Diploma in Fine Art (Slade School),

(ii)Diploma of Associateship of the Royal College of Art (ARCA) or Master of Art of the Royal College of Art (M Art (RCA)),

(iii)Diploma of Designer of the Royal College of Art (Des RCA) or Certificate of Designer of the Royal College of Art (Cert Des RCA) or Master of Design of the Royal College of Art (M Des (RCA)),

(iv)Certificate of the Royal Academy Schools awarded on the successful completion of the course at the Academy, or

(v)Diploma in Art and Design awarded by the National Council for Diplomas in Art and Design; or

(b)obtained a qualification specified in paragraphs (i) to (v) of sub-paragraph (a) on or after 1st January 1965, and before obtaining that qualification had attained the minimum education qualifications required for entrance to a recognised college of education.

Handicraft

16. The requirements of this paragraph are that persons obtained the City and Guilds of London Institute Teacher’s Certificate in Handicraft before 1st January 1961.

(i)Birmingham School of Music’s Diploma awarded on the successful completion of the two year teacher training course for the Associateship of the Birmingham School of Music (ABSM) (TTD), or the Diploma of Associateship of the Birmingham School of Music (ABSM) (Teacher) of any instrument or the voice awarded on the successful completion of the three year full-time course or a period of part-time study,

(ii)The London School of Dalcroze Eurhythmics, Liphook’s Teaching Certificate awarded on the successful completion of the three year course ending on or before 31st December 1955,

(iii)The Dalcroze Society (Incorporated) Training Centre’s Certificate awarded on the successful completion of the three year course ending in 1954 or 1955,

(iv)The Dalcroze Society (Incorporated) London School of Eurhythmics’s Certificate awarded on the successful completion of the three year course ending on or after 1st January 1956,

(v)Dartington College and Arts Centre’s Diploma of Music Education for Schools,

(vi)Associateship of the Guildhall School of Music (AGSM) or Licentiate of the Guildhall School of Music (LGSM) with special Teacher’s Diploma (Music) or AGSM or LGSM Teacher’s Diploma (instrumental or otherwise) or AGSM or LGSM Aural Training and Musical Appreciation or AGSM or LGSM Class Singing and Voice Training,

(vii)Huddersfield College of Technology’s Diploma in Music,

(viii)Licentiate of the London College of Music Teacher’s Diploma (LLCM (TD)) in an instrument, or the voice or (if obtained not later than 31st December 1960) in School Music or LLCM in School Music,

(ix)Northern School of Music’s Associate Diploma of Music Education,

(x)Licentiate of the Royal Academy of Music (LRAM) Teacher’s Diploma (instrumental or otherwise) or LRAM Aural Training or LRAM Voice Culture and Class Singing,

(xi)Associateship of the Royal College of Music (ARCM) Teacher’s Diploma (instrumental or otherwise),

(xii)Associateship of the Royal Manchester College of Music (ARMCM) or ARMCM (School Music),

(xiii)Trinity College of Music’s Licentiate Teacher’s Diploma, Licentiate of Trinity College London (LTCL) (instrumental or otherwise) or Fellowship, FTCL or Diploma of Music Education for Schools (LTCL Mus Ed),

(xiv)The Diploma in Music of any College of the University of Wales, or

(xv)Licentiate of the Royal Schools of Music (LRSM) or Royal Schools of Music’s Teacher’s Diploma (instrumental or otherwise);

and before obtaining the qualification referred to in sub-paragraph (a) or (b) they had attained the minimum educational qualifications required for entrance to a recognised college of education.

Needlecraft and Domestic Subjects

18. The requirements of this paragraph are that persons obtained the qualification of —

(a)two certificates in different needlecraft subjects of the City and Guilds of London Institute, one of which must be a Teacher’s Certificate,

(b)Technical Teachers' Certificate of the City and Guilds of London Institute awarded from 1955 to 1964 and two Certificates of the Institute in different needlecraft subjects, one of which must be an advanced certificate, or

(c)Domestic Subjects (Further Education) Teacher’s Certificate of the City and Guilds of London Institute awarded from 1956 to 1970, together with —

(i)two Certificates of the Institute in different needlecraft subjects, one of which must be an advanced certificate, or

(ii)the Institute’s Certificate in Advanced Domestic Cookery and the Institute’s Certificate in Housecraft or Home Management.

Science Subjects

19. The requirements of this paragraph are that persons obtained the qualification of —

(a)Associateship of the Royal College of Science (London),

(b)Membership or Associate Membership of the Institute of Physics including Associateship or Graduateship of the Institute obtained before 1st March 1971,

(c)Associateship or Graduateship of the Royal Institute of Chemistry, or

(d)Membership of the Institute of Biology.

Speech and Drama

20. The requirements of this paragraph are that persons obtained the qualification of —

(a)Teaching Diploma awarded on successful completion of the three year course at the Central School of Speech Training and Dramatic Art (later the Central School of Speech and Drama),

(b)Teaching Diploma in Speech and Drama awarded on successful completion of the three year course at the Royal Academy of Music,

(c)Teaching Diploma in Speech and Drama awarded on successful completion of the three year course at the New College of Speech and Drama,

(d)Associateship of the Guildhall School of Music and Drama (AGSM) Teacher’s Diploma in Speech and Drama awarded on successful completion of the three year course at the Guildhall School of Music and Drama before 1st January 1960,

(e)Diploma awarded on successful completion of the three year course in Speech and Drama conducted by the Rose Bruford Training College of Speech and Drama (later Rose Bruford College of Speech and Drama),

(f)Teacher’s Certificate awarded on successful completion of the three year full-time course of training in Speech and Drama conducted by the Northern School of Music until 1968,

(g)Diploma awarded in 1969 on the successful completion of the three year full-time course of training for teachers of Speech and Drama at the Manchester College of Art and Design, or

(h)Diploma awarded from 1970 on the successful completion of the three year full-time course of training for teachers of Speech and Drama at Manchester Polytechnic,

and before obtaining a qualification referred to in sub-paragraphs (a) to (h) they had attained the minimum educational qualifications required for entrance to a recognised college of education.

Other Qualifications

21. The requirements of this paragraph are that persons obtained the qualification of —

(a)Higher National Diploma,

(b)Higher National Certificate,

(c)Diploma in Technology awarded by the National Council for Technological Awards or the Council for National Academic Awards, or

(d)National Froebel Union or Foundation’s Certificate A awarded on successful completion of a three year course.

Interpretation

22. In this Part “the minimum educational qualifications required for entrance to a recognised college of education” means a minimum of five General Certificate of Education ordinary level qualifications, or the equivalent.

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact provisions of the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 (the 1999 Regulations). Regulation 4 and Schedule 1 revoke the earlier regulations and make transitional provisions.

Regulation 5 and Schedule 2 specify the requirements to be met by persons before they can become qualified teachers.

Persons who are recognised as qualified teachers include —

those who were qualified teachers under the 1999 Regulations;

those who are qualified teachers under corresponding regulations made in relation to England;

school teachers from the European Economic Area or Switzerland;

those who have completed a course of initial training for teachers in Wales;

those who have completed a course of initial training for teachers in Scotland or Northern Ireland;

those who are recognised as teachers in Northern Ireland;

those who are registered with the General Teaching Council for Scotland;

those who successfully complete a period of training as graduate teachers, registered teachers or on the employment based teacher training scheme, or who are assessed under the employment based teacher training scheme as meeting the specified standards without undertaking further training;

those recommended for qualified teacher status by the States of Guernsey Education Council;

specified teachers in independent schools;

specified further education teachers employed at further education institutions or as instructors at schools;

those who, but for an oversight by the National Assembly for Wales (“the National Assembly”), the General Teaching Council for Wales (“the Council”) or their predecessors to give written notification under the 1999 Regulations or earlier regulations, would have been qualified teachers under those Regulations.

Regulation 6 provides that the National Assembly or the Council are to notify persons that they are qualified teachers.

Regulation 7 enables the Higher Education Funding Council for Wales to accredit institutions that satisfy criteria specified by the National Assembly. Such institutions can provide courses of initial school teacher training.

Regulation 8 allows the National Assembly to establish an employment based teacher training scheme which enables persons to train to become teachers whilst employed. This scheme could include the scope of the graduate and registered teacher programmes established under the 1999 Regulations. Specific provision is made which means the scheme may allow overseas trained teachers to be assessed against the qualified teacher status standards without further training. Provision is made for guidance on the scheme to be issued by the National Assembly, to which people must have regard.

(1)

2002 c. 32. “Regulations” means regulations made by the National Assembly for Wales (see section 212(1)).

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